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Montana has nullifed the Federal Gun Free School Zone law

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
I was reading the Montana Shooting Sports Association success stories when I found that they had successfully nullifed the federal Gun Free School Zone (GFSZ) law in Montana! I was much impressed with the MSSA success. Gary Marbut deserves great praise! Here is the law and a link:


45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.

http://data.opi.mt.gov/bills/mca/45/8/45-8-360.htm
 

aadvark

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Aug 25, 2009
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, ,
Montana stands up to Uncle Sam..., and so too should the rest of the States!
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
US v Lopez ruled the first GFSZ law Unconstitutional. Congress then passed another

Yay for Montana, but seems redundant. SCOTUS already ruled the GFSZA was unconstitutional.

The Supreme Court ruled the first GFSZ law unconstitutional, then Congress (pushed very hard by President Clinton) passed another GFSZ law. That law is still in effect.
 
M

McX

Guest
a declaration like that would sure be nice for us in wisconsin. congrats to you out in montana!
 

MT GUNNY

Regular Member
Joined
Jul 21, 2007
Messages
309
Location
Kalispell, Montana, USA
Yay for Montana, but seems redundant. SCOTUS already ruled the GFSZA was unconstitutional.

Arizona's new immigration law, Is redundant to the constitution and federal law, yet AZ still had to pass it. Its seems these days that the states have to make there own laws cuz the fed is not doing there job.
 

bwarren917

Regular Member
Joined
Jan 4, 2015
Messages
51
Location
Billings, MT
Thanks NavyLCDR.

So I can OC within the 1000' perimeter of a school zone with a CWP? That's what I'm reading, but I just want to be sure.


Thanks.
 

bwarren917

Regular Member
Joined
Jan 4, 2015
Messages
51
Location
Billings, MT
Perfect. Thanks a lot for all your help. I won't shoot anybody in a school zone, and hope to never have to defend myself anywhere. (lol?) I just want to be sure I am in the clear as far as traveling through those areas.

Thanks again!
 
Last edited:

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
Perfect. Thanks a lot for all your help. I won't shoot anybody in a school zone, and hope to never have to defend myself anywhere. (lol?) I just want to be sure I am in the clear as far as traveling through those areas.

Thanks again!

http://www.opencarry.org/?page_id=267

K-12 Carry
Buildings: No – A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building. MCA 45-8-361
Grounds: Dependent on local municipal laws. MCA 45-8-351 (2)(a)
Federal Gun-Free School Zone Exemption: MCA 45-8-360 – Does not apply to individuals lawfully able to own or to possess a firearm under Montana constitution

I have carried on school grounds without issue in MT.
 

bwarren917

Regular Member
Joined
Jan 4, 2015
Messages
51
Location
Billings, MT
http://www.opencarry.org/?page_id=267

K-12 Carry
Buildings: No – A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building. MCA 45-8-361
Grounds: Dependent on local municipal laws. MCA 45-8-351 (2)(a)
Federal Gun-Free School Zone Exemption: MCA 45-8-360 – Does not apply to individuals lawfully able to own or to possess a firearm under Montana constitution

I have carried on school grounds without issue in MT.


Wow, interesting. Even open carried? I moved to Billings from San Diego, CA - so this is a whole new world to me. I'm still trying to adjust to the amazing freedoms here. Sorry if some of my questions sound dumb. lol
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
Openly carried firearms are less restricted in MT than concealed firearms. You will find that if you open carry you will not find many restrictions at the state level.
 
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